the evaluation process...• assigning performance evaluation ratings that complies with the...
TRANSCRIPT
8/02/2013
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PRESENTED BY:
STEPHANIE JONES, PARTNER HODGES, LOIZZI, EISENHAMMER, RODICK & KOHN LLP
AND
SARA BOUCEK, GENERAL COUNSEL
ILLINOIS ASSOCIATION OF SCHOOL ADMINISTRATORS
Senate Bill 315
Excellent
Satisfactory
Unsatisfactory
Excellent
Proficient
Needs Improvement
Unsatisfactory
Must be in place no later
than September 1, 2012.
OLD RATING SCALE PERA RATING SCALE
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By the PERA implementation date, student growth must be a significant factor in teacher evaluations.
The evaluation plan must describe: How student growth data and indicators will be used in the
evaluation process;
How the information is related to evaluation standards;
The assessments or other indicators used to measure student growth, and the weight each will have;
The methodology that will be used to measure student growth; and
Criteria other than student growth that will be used in evaluating the teacher or principal, including those discussed below.
Membership equally selected by the
school district and teachers/union
Must agree on student growth component
within 180 days of first meeting or
implement model created by ISBE
Evaluators after September 1,
2012 must complete pre-
qualification training
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Probationary teachers must be evaluated
at least annually
If you evaluate probationary teachers
twice per year, the final evaluation is
considered to be the “summative
evaluation” for the purposes of reduction
in force
Tenured Teachers must be evaluated at least bi-annually
Tenured teachers who receive a “needs
improvement” or “unsatisfactory” rating must be evaluated once in the year following the receipt of that rating
New Principals may evaluate all teachers
in a building during his/her first year
Personal observation of the teacher in the classroom by the evaluator
Consideration of the teacher’s attendance,
planning, instructional methods, classroom management, and competency in the subject matter taught
The teacher’s duties and responsibilities,
and the standards to which the teacher is expected to conform
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On or before September 1, 2012, rate the performance of all teachers as “excellent,” “proficient,” “needs improvement,” or “unsatisfactory;”
Specify the teacher’s strengths and weaknesses, with supporting reasons for comments made;
Include a copy of the evaluation in the teacher’s personnel file and provide a copy to the teacher;
Within 30 school days after the completion of an evaluation, for a tenured teacher who receives a rating of “needs improvement,” develop a professional development plan to address the areas needing improvement; and
Within 30 school days after the completion of an evaluation, for a tenured teacher who receives a rating of “unsatisfactory,” develop a remediation plan designed to correct remediable deficiencies stated in the evaluation.
Within 30 school days of the completion of an evaluation rating a tenured teacher as “needs improvement,” the evaluator, in consultation with the teacher, must create a professional development plan that is directed to the areas needing improvement.
The plan must take into account the teacher’s ongoing professional responsibilities, including his or her regular teaching assignments.
The plan also must describe any support the district will provide to address any areas identified as needing improvement.
Within 30 school days of receiving a rating of “unsatisfactory,” the development and commencement of a remediation plan designed to correct deficiencies stated in his or her evaluation shall occur, provided the deficiencies are remediable.
Both the teacher and consulting teacher shall participate in developing the remediation plan.
The remediation plan for “unsatisfactory” tenured teachers shall provide for ninety (90) school days of remediation in the classroom, unless an applicable collective bargaining agreement provides for a shorter duration.
The tenured teacher’s performance must be evaluated midway through, and at the conclusion of, the remediation period.
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Each evaluation shall assess the teacher’s performance during the time period since the prior evaluation; provided that the last evaluation shall also include an overall review of the teacher’s performance during the remediation period.
A written copy of the evaluations and ratings, in which any deficiencies in performance and recommendations for correction are identified, shall be provided to and discussed with the teacher within 10 school days after the date of the evaluation, unless an applicable collective bargaining agreement provides for another timeframe.
Evaluations at the conclusion of the remediation process shall be separate and distinct from the required annual evaluations of teachers and shall not be subject to the guidelines and procedures relating to those annual evaluations.
PRIMARY GOAL:
EVALUATION LEADING TO IMPROVEMENT AND
SUCCESS, WHETHER PROFESSIONAL GROWTH
OR STRUCTURED (FORMATIVE, SUMMATIVE OR
REMEDIATION)– EDUCATOR’S ROLE
SECONDARY CONSEQUENCE:
OCCASIONALLY LEADS TO NEGATIVE
EMPLOYMENT ACTION – THE LAWYERS
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CHALLENGES TO CONTENT
CHALLENGES TO PROCEDURAL
DEFECTS
HEARING OFFICERS TEND TO DEFER TO
SOUND EDUCATIONAL DECISIONS ON CONTENT, BUT OFTEN WE LOSE ON PROCEDURE.
1. ORIENTATION
2. PRE- OBSERVATION CONFERENCE
3. OBSERVATION/FORMATIVE EVALUATIONS
4. WRITTEN OBSERVATION REPORT
5. POST-OBSERVATION CONFERENCE
THE TEN KEY STEPS 1 - 5
6. ACKNOWLEDGMENT OF RECEIPT
7. EMPLOYEE REBUTTAL
8. PERSONNEL FILE
9. SUMMATIVE EVALUATION/RATING
10. PDP OR REMEDIATION (OR CORRECTIVE FOR NON-TENURED)
THE TEN KEY STEPS 6 - 10
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Do it
Individual or group
Some form of written
confirmation
Discuss both logistics and
expectations
Invite questions
Take good notes
Keep time records
Note examples
Note both positives and negatives
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Try to be all inclusive
Be descriptive, not conclusive
Include specific examples
Include both positives and negatives
Be candid
Follow your notes
Note positives first
Note areas for improvement, but if deficient – say so.
Give examples of both positives and negatives
Get a signature no matter what.
What if teacher refuses: • Explain not agreement, just receipt
• Remind, insubordination
• refuses to sign – get witness signature
• refuses to accept document – witness signature if
possible, but send both certified and regular mail
• follow-up refusals with some form of discipline
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This is essential; especially in light of the
new educational reform legislation.
The law – without a legal rating, there can
be no dismissal.
This is customary.
Do not discourage – invite, with
appropriate time line.
Invitation gives evaluator credibility.
Be sure you follow-up so that all items
find their way to the official file, including
the rebuttal, if any.
This may be someone else's job, but it is
your responsibility.
Comment re: anecdotal records.
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Non-tenured – corrective measures
Tenured PDP or Remediation
These documents are a blend of educational and legal. Get samples, legal review and anticipate defenses.
Anticipate defenses? What defenses?.....
THE FIVE (5) MOST PREVALENT FOR
EVALUATION OR CONDUCT:
1. PROOF
2. RULES
3. CORRECTION
4. MEDICAL/DISABILITY ISSUES
5. DISCRIMINATION, ETC.
THINKING WITH THE END IN MIND!
Proof? – Yes, you need proof, testimony,
documentation, witnesses, etc.
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Notice of Rules/Expectations? – Yes, you
need documentation re: notice, rules,
regulations, board policies, handbooks,
orientation, evaluation, etc.
Correction? – Yes, you need to offer and
document assistance in some form if
remediable, e.g., corrective plan, PDP,
remediation plan, reading material,
coursework, workshops, consultants,
mentors, observation opportunities, etc.
Medical Issue? – Yes, if a
medical/disability issue is suspected or
surfaces, you need to assess with legal
counsel.
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The reasons…..?
Discrimination? – Yes, you need to be
solid on Employee Defenses 1 thru 4 and
anticipate discrimination claims so that
you can rebut any claims based on age,
gender, race, ethnicity, unionism,
disability, sexual preference, marital
status, sexual harassment, free speech
issues, etc.
YOU MUST GET THE PROCEDURES
RIGHT.
YOU WOULD BE WISE TO ANTICIPATE
ONE OF THE FIVE (5) EMPLOYEE
DEFENSES SO THAT YOU CAN REBUT
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Senate Bill 7
Filling new or vacant positions must be based upon the following factors: • certifications
• qualifications
• merit and ability, including evaluations
• relevant experience
Length of continuous service in the District is not a factor unless everything else is equal
These rights can be bargained away
Effective Date? (June 13, 2011, unless
grandfathered)
What Positions Does It Apply To?
• Summer School (Yes)
• Extracurricular (No)
• Teaching positions required to be filled by recall
(No)
• Temporary Assignments (No)
Grievable/Cause of Action? (No)
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Contract Year – 120 days
• FMLA?
• Permanent Substitute? (Yes)
• Part-Time? (No)
Non-Renewal vs. Reduction in Force
• Notice Provisions
Where SB 7 and SB 315 converge
Applicability/Grandfathered
Contracts
• After June 30, 2013 – no more grandfathered
contracts
• Part-Time Teachers – New Legal Changes
2013
Qualifications • May 10th Deadline
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Determine Qualifications for Job Categories • Legal Qualifications for position and any other qualification as
determined by job description Grouping
• Group 1 – Probationary Teachers without Evaluations/Probationary Part Time Teachers Dismissal at the discretion of the District
• Group 2 – Teachers with Unsatisfactory or Needs Improvement Rating Teacher with lowest average rating dismissed first
Teachers with same ratings are dismissed by seniority
• Group 3 – Teachers with Proficient Ratings Dismissed based on Seniority
• Group 4 – Teachers with Excellent ratings in last two or last two out of three evaluations Dismissed based upon seniority
GROUP WHO BELONGS?
1 Probationary teachers who have not
been evaluated. Within this group, the
sequence of dismissal is in the discretion
of the District.
2 Teachers with a needs improvement of
unsatisfactory rating on either of their
last two evaluations. Sequence of
dismissal by average score.
3 Teachers with satisfactory or
proficient ratings. Sequence of
dismissal by seniority.
4 Teachers with excellent ratings on
both of their last two evaluations or two
of their last three evaluations with the
third evaluation being proficient.
Sequence of dismissal by seniority
Timeline for Dissemination • List must be provided to the Union at least 75
days before end of school term
• 30 Days to Review
• Final reduction notification must be received 45 days before end of school year
Dissemination Protocols FOIA Implications Seniority List to be completed each year
(New 2013-2014)
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Joint Committee Membership Responsibilities
• Criteria for excluding from group 2 and placing in group 3 a teacher whose last two performance evaluations included a needs improvement and either a proficient or excellent rating
• Alternate definition for group 4, which definition must take into account prior performance ratings and may take into account other factors, but cannot include a teacher with a needs improvement or unsatisfactory rating
• May include within the definition of performance evaluation rating a rating given to a teacher from another school district
• Assigning performance evaluation ratings that complies with the statutory changes
• At times, review the sequence of dismissal list to determine if there is a trend related to low evaluation scores for teachers with longer periods of contractual continued service
New Law Change – Must meet annually by December 1
All teachers (not just tenured teachers) have recall
rights for one year from the beginning of the following
school term
Recall rights are only available to teachers in Groups 3
or 4 for positions that they are legally qualified to hold
based upon a list established by May 10 of the previous
year
Recall shall be done in reverse order of dismissal
Dismissals of Probationary and
Tenured Teachers have changed
under SB 7
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Publication Requirements
• Anytime after 15 days after mediation has
commenced, either party may initiate the public
posting process.
• Within 7 days of declaration, both parties must
provide the other party in writing the most
recent offer of the party, including cost summary.
• 7 days after receipt of the parties’ offers, the
Board shall make public the offers and each
party’s cost
http://www.isbe.net/pera/pdf/pera_guid
ance.pdf
http://www.isbe.net/peac/
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